The SUPREME COURT

On appeal from Court of Appeal (England & Wales) (Civil Division)The Appellant applied for registration of some land as a town or village green. The land had been in use as a golf course. An Inspector, appointed by the Respondent to hold a public inquiry and make a recommendation as to whether the land should be registered, found that the use of the land by local inhabitants over the relevant period had “overwhelmingly deferred” to the golfers. The Inspector recommended that, on that basis (among one other), the Council should refuse the application. It did so. The principal question of law raised by this appeal is whether, even if land has been used nec vi, nec clam, and nec precario for 20 years by local inhabitants, it is still necessary to ask a further question in determining whether the user is “as of right”: namely whether the user is such as to give the outward appearance to the reasonable landowner that the user is being asserted and claimed as of right.